QuestionsQuestions (IPO OFFICE ORDER NO. 18)
The Office Order is issued pursuant to Republic Act No. 8293, the Intellectual Property Code of the Philippines.
They were published on 05 October 1998 and took effect on 20 October 1998.
They cover: (1) petitions for cancellation of a mark, patent, utility model, or industrial design; (2) opposition to registration of a mark; and (3) compulsory licensing.
The phrase “If the petition is” was inserted so the rule reads: “If the petition is amended, the time fixed for the filling and service of the answer shall, unless otherwise ordered, run…”. It clarifies that amendments trigger a recalculation/start of the time for filing and serving the answer.
It states that the time fixed for filing and service of the answer “shall, unless otherwise ordered, run” upon amendment of the petition.
The phrase “to recover his costs from the petitioner/opposer” was deleted.
The petition or notice of opposition shall be dismissed for failure to prosecute and judgment shall be rendered in favor of the respondent.
It includes failing to prosecute for an unreasonable length of time, failing to comply with the Regulations or any Bureau order, and other non-compliance specified in the rule.
It provides for dismissal for failure to prosecute and directs that judgment be rendered in favor of the respondent.
The word “effected” was changed to “affected,” so it reads: “The restriction may be effected in the form of an alteration of the affected features of the design.”
When the grounds for cancellation relate to only part of an industrial design, cancellation applies only to that part.
It allows the restriction to be made in the form of an alteration of the “affected features” of the design.
It amended the phrase to: “(a) National emergency as declared by the President or other circumstances of extreme urgency as declared by the appropriate government authorities.”
Either a national emergency declared by the President, or other circumstances of extreme urgency declared by the appropriate government authorities.
Mr. Eduardo Joson, Records Officer II, was directed to file three (3) certified copies with the University of the Philippines Law Center, and one (1) certified copy each to the Office of the President, the Senate, the House of Representatives, the Supreme Court, and the National Library.
It takes effect immediately and must be published in a newspaper of general circulation.
It was adopted on 29 December 1998 by Emma C. Francisco, Director General.